Social Security Disability Law Podcast

What happens if you lose at your hearing, file an appeal to the Appeals Council and lose there as well?  Do you have any remaining options?

My guest today is Karl Osterhout, a lawyer based in Pittsburgh who has built a substantial national practice representing claimants before the Appeals Council and in Federal Court.  As we will discover, federal court judges are looking for significant errors of law or analysis by the trial judge and the Appeals Council. 

Only a small percentage of cases will be successful at the federal court level - so an attorney like Karl who focuses on Appeals Council and federal court work is so valuable.

Hearing attorneys like me rely on appellate attorneys like Karl for advice about whether an Appeals Council or federal court appeal is likely to be successful.  I hope that this episode helps you understand more about SSA's post hearing appeals process.

=============== FREE SURVIVAL KIT ================

Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================

============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================

=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
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What happens if you lose at your hearing?  What are your options?

Social Security disability law says that if you lose you can either start over with a new application, or you can appeal the hearing judge's denial by filing Form HA-520.  How do you know which way to proceed?

My guest today is Karl Osterhout, a lawyer based in Pittsburgh who has built a substantial national practice representing claimants before the Appeals Council and in Federal Court.  As you will learn, the Appeals Council is not concerned about whether or not you are disabled - the task of the Appeals Council is to determine whether the hearing judge made a mistake of law or fact.

Hearing attorneys like me rely on appellate attorneys like Karl for advice about whether an Appeals Council appeal is likely to be successful.  I learned a great deal about how the Appeals Council works and about the types of issues in unfavorable hearing decisions that are likely to support a remand or reversal.

=============== FREE SURVIVAL KIT ================

Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================

============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================

=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST:   Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246

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Since the average Social Security disability case can take two to three years from the date you file until the date of your hearing, you can expect the judge who hears your case to ask you about your activities during this long delay.

In this episode I discuss seven types of activities that you should avoid while you wait for your court date.

While disability judges don’t expect you to sit at home and stare at the wall for three years, they will be suspicious if you testify that you engage in certain activities.

For example, one of the activities that can raise a red flag for your judge would be testimony that you “help take care of” an elderly relative or friend.  In your mind, you may see this task as simply sitting with an older person solely to provide companionship.

In the judge’s mind, however, your role as a sitter requires regular attendance, focus and attention, physical strength (if you have to help the older person move around), food preparation skills, communication skills and overall reliability.

If you are not able to explain why your companionship role is substantially different than a caretaker job, the judge may conclude that you have the capacity for simple, entry-level work.  This is especially true if you are getting paid, or receiving room and board or food for your efforts.

You can avoid problems explaining your activities at your hearing if you understand how your judge might view what you are doing, and if you practice testifying with enough detail so that the judge will conclude that you do not have the capacity for any type of work.

=============== FREE SURVIVAL KIT ================

Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================

============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================

=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST:   Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246

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How do you know if you are sick or injured enough to win Social Security disability benefits?

While every case is different, certain patterns do emerge, and after 25+ years of trying cases, I want to share with you my opinions about what it takes to win SSDI benefits now.

If your impairment is physical or involves a damaged body part or system, Social Security disability judges want to see objective evidence of your problem.  Ideally, this takes the form of an MRI or CT scan, an ultrasound, a pulmonary function test, blood test or any other medical test that confirms a specific diagnosis.  This is why pain conditions like CRPS or fibromyalgia have become so difficult to win.

Judges also look for a long and consistent medical treatment record, and support from your doctor - ideally a specialist - the form of a functional capacity evaluation or narrative report.

My experience has also been that a long and consistent work history goes a long way to establish your credibility, and judge expect your treatment to follow a familiar path.

Mental health cases are more difficult because there is no way (usually) to objectively document their existence.  There are, for example, no MRI tests to gauge the severity of your depression, anxiety or PTSD.

Further, my experience has been that judges may discount the opinion evidence of a psychologist who appears to accept your complaints without challenge - often judges will rely on the opinion of a psychologist who evaluates you on a one time basis during a Social Security consultative evaluation.

And finally, what constitutes a severe enough mental health condition to disable you from all work can vary widely among judges.

You may find the demands of Social Security judges in both medical and mental health claims to be wildly unfair but this is the current environment and the more you know about what is demanded, the better you and your lawyer can prepare.

=============== FREE SURVIVAL KIT ================

Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================

============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================

=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST:   Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my  YOUTUBE Channel for Social Security Disability Videos***
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How does the Social Security Administration decide your case?   As I discuss in this podcast, Social Security about 1/3 of claims are approved when a claimant first applies.  Those denied must appeal - first by filing a "Request for Reconsideration" and when that is denied (as it usually is) by filing a "Request for Hearing."

In this podcast I will walk you through the timeline of an average case and point out when you have the best chances at winning.

=============== FREE SURVIVAL KIT ================
Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================
============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================
=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST:   Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my  YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

What is the difference between SSDI and SSI?  As I discuss in this episode, SSDI stands for Social Security Disability Insurance.  It is an insurance program and the payroll taxes you paid while you were working are the premiums.

You earn insurance "credits" based on your gross earnings.  In 2018, you earn one credit for every $1,320 of gross earnings.  You can earn a maximum of four credits in a calendar year, so once you have earned $5,280, you will have all four possible credits.

The earnings requirements for previous years are slightly lower and the earnings requirements for 2019 and beyond will be higher.

It does not matter when during the the year that you earn your credits - if you earned $5,280 during the first week of January in 2018 you would be covered for the full year.

One thing to keep in mind, however - SSDI requires that you earn 20 credits during the 40 quarters ending the year before you become disabled.  This is called the "5 out of 10" rule because it roughly translates into 5 years of earnings during the 10 years prior to the year you became disabled.

Example:  if you worked full time (and earned $25,000 per year) from 2006 through 2015, you would have earned 40 credits.  Since you only need 20 credits you are "fully insured."  This also means that your insurance coverage will follow you for about 5 years after you stop working.  In our example, if you stopped working in 2015, you would be insured for SSDI until some point in 2020.

SSI stands for Supplemental Security Income and is a welfare program for those who don't have enough earnings to qualify for SSI.  You don't need any credits but because SSI is a welfare program, your benefit is capped.  In 2018, the most you can receive from SSI is $750 per month.  By contrast, SSDI pays you based on your earnings record and most claimants are paid between $1,200 and $2,400 per month.

=============== FREE SURVIVAL KIT ================

Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================

============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================

=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST:   Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my  YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

If you decide to apply for Social Security disability, you have to prove to the Social Security Administration that you are disabled.  In the last episode, I explained how SSA defines the term "disabled."  In this episode, I discuss the three arguments, or theories of disability, you must use to convince SSA that you meet the definition.

The three arguments you can use are:

1. Do you meet a listing?  Learn more about this argument at my website MeetaListing.com
2. Do you fit within a "grid rule?"  Learn more about the grid rules at  my website Gridrules.net
3. Does the medical and non-medical evidence in your file prove that your capacity to function at work has been so reduced that you would not be a reliable employee at even the easiest, entry-level job.  This is called the "functional capacity argument."

=============== FREE SURVIVAL KIT ================

Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================

============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================

=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST:   Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my  YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd

How does Social Security define the term "disability?"  Under the law, you are disabled if you are unable to engage in substantial gainful activity because of a medically determinable condition or conditions that has lasted or is expected to last 12 consecutive months, or result in death.

What does this mean?  In this episode, I unpack this definition so that you know what you have to prove.  And if you know what SSA needs, you can make sure that every form you fill out and every statement you make addresses this threshold question - do you meet SSA's definition of disability?

Get a Free & Confidential Case Evaluation Now.  Visit www.ssdAnswers.com/Contact and fill out the short form - I'll let you know what I think.

=============== FREE SURVIVAL KIT ================

Don't know where to begin? Download my free
“Secrets of Getting Approved” Survival Kit at
https://bit.ly/SSD-Survival-Kit-2
================================================

============== FREE CASE EVALUATION =============
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan-2
================================================

=================== CONTACT ME =================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://www.ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan-2
================================================
PODCAST:   Click to SUBSCRIBE to this podcast on iTunes - https://itunes.apple.com/us/podcast/social-security-disability-law-podcast/id1449712246
YOUTUBE CHANNEL: Click to SUBSCRIBE to my  YOUTUBE Channel for Social Security Disability Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd